The Town of Northwood, New Hampshire

PRESENT: Chairman Bruce Farr, Vice-Chairman Roy Pender, Thomas Lavigne, Robert Bailey, Nona Holmes, Alternates Jean Lane and Andrea Korson, Board Administrator Linda Smith, Board Secretary Lisa Fellows-Weaver, and Code Enforcement Officer/Building Inspector David Hickey.

ABSENT: Alternate Ken Wilkins

MINUTES:
Bob Bailey makes a motion, second by Nona Holmes, to approve the minutes of October 23, 2006, as written. Motion passes unanimously; 5/0.

VOTING MEMBERS: Chairman Bruce Farr, Vice-Chairman Roy Pender, Thomas Lavigne, Robert Bailey, and Nona Holmes.

APPLICATIONS:
OLD CASE:
Case #06-14: Lorie Jean, 39 Elm St. Map 123; Lot 23. Applicant is seeking a variance to Article 3.01(A) and Article 3.02(B) to construct a 28? x 32? dwelling on a non-conforming lot of .11 Ac. with no road frontage. Continued from 7/24/06. Ms. Jean is not present. Ms. Smith states that she spoke with Ms. Jean who stated that she would be present at tonight?s meeting. Nona Holmes makes a motion, second by Roy Pender, to continue Case 06-14 to later in the meeting. Motion passes unanimously; 5/0.

OLD CASE:
Case #06-23: Hiu M. Cheung, 211 Long Pond Rd. Map 206; Lot 61. Applicant is seeking a variance to Article 3.01(B), 3.02(B), and 3.04(B) to construct a replacement residence on a non-conforming lot of 0.28 Ac. where 2 Ac. is required and only 60? of road frontage on a private road where 150? is required; larger portion of the building will be within the building setback. [Continued from August 28, 2006. > The applicants are not present. Mr. Farr asks Mr. Hickey if he has had any conversations with the Cheungs. Mr. Hickey replies that he has not. Tom Lavigne makes a motion, second by Roy Pender, to deny the application without prejudice. Motion passes unanimously; 5/0. Mr. Farr states that should the applicant want to continue, they would need to reapply with the board.

Mr. Pender recuses himself from the following case.

OLD CASE:
Case #06-28: Stephen Conway, Bow Lake Rd./Sherburne Hill Rd. Map 218; Lot 12. Applicant is seeking a special exception under Article 1.04(C)(2), to construct a 28?x44? single family residence. (Property currently owned by Robert Holden.) [Continued from September 25, 2006. >

VOTING MEMBERS: Chairman Bruce Farr, Thomas Lavigne, Robert Bailey, Nona Holmes and Andrea Korson.

Attorney Dennis Vachon, Applicants Robert and Susan Holden, and representative Stephen Conway are present. Mr. Conway explains that Atty. Vachon has researched the property for ownership.

Atty. Vachon explains that it is his understanding that at this time the lot is owned by the applicants. He refers to a deed from Earl Stromberg to the Holdens. Atty. Vachon describes how the lot was created in 1800 when the road was constructed off from lot 44. Mr. Lavigne asks if there is a separate tax card for lot 12. Atty. Vachon replies yes, that Mr. Stromberg has been paying taxes on the lot as a separate lot. A Superior Court decree is also provided showing that the ownership is to the Holden?s.

A discussion is held regarding the lot descriptions. Atty. Vachon explains that he completed the legal description for the lot; however, the lot has not been surveyed. Atty. Vachon explains that the road from Northwood center to the Strombergs house was used as a short cut from Range Road and then was no longer used. He adds that there are stone walls on three sides and therefore there is no need to survey. Mr. Bailey replies that stone walls do not always follow the property lines. He adds that there are no pins on the corners of the lot and therefore the lot should be surveyed. Mr. Holden referred to the Superior Court decree and adds that the town is taxing him and was taxing the previous owners. Mr. Bailey notes that the only pins that are there are on the Winslow?s property.

Tom Lavigne makes a motion that the lot is a legal lot of record in the Town of Northwood for the purpose of the variance request only based on the evidence shown to the board, which was provided by the applicant. Nona Holmes seconds. Mr. Lavigne states that there is a deed provided, the lot has been being taxed, and there is a good description of the stone walls depicted. He adds that the ownership of Range Road is an issue to be resolved with the town. Ms. Smith refers to the time frame discussed noting taxation purposes. She states that the lot is not on the tax maps in the mid to late 1990?s. Mr. Farr states that there is a description and there are clear boundaries of the lot. He feels this is a reasonable interpretation of the lot. Mr. Bailey states that he is not in favor of this being a lot of record. Ms. Korson adds that she appreciates the documentation provided; however; it is not clear. Ms. Smith suggests clarifying that the motion only deems that this is a legal lot for the purpose of the variance request only, based on the evidence provided tonight. Mr. Lavigne agrees.
Roll Call Vote:
Nona Holmes ? in favor
Andrea Korson ? in favor
Tom Lavigne ? in favor
Bob Bailey ? opposed.
Bruce Farr ? in favor.
VOTE: 4/1.
A brief discussion is held regarding the ownership of Range Rd. Atty. Vachon states that the town owns the road. Ms. Korson refers to the minutes from October noting that there may be a need for a variance. Mr. Hickey explains that the general practice is if the town owns the road right of way, it is allowed as part of the protective radius. In this case, only a special exception would be required. He adds that if another party owned the land for a reason other than a road, then there would a need for a variance.

Special Exception Conditions:
Section 1.04(C)(2): Dimensionally nonconforming lots which were created or existed prior to December 31, 2005 may be developed without compliance with the requirements established by section 3.01 (C)(1) and 3.02 of this ordinance for lot size and frontage if granted a Special Exception by the ZBA. The ZBA shall grant the Special Exception only if the following conditions are met:

a. septic systems shall be located 75 feet or greater from open drainage or surface water, 50 feet or greater from hydric B soils, 75 feet or greater from existing wells; and septic systems must meet all other setback requirements set by the New Hampshire Department of Environmental Services, unless a waiver has been granted by the appropriate state regulatory agency; and,

b. the well protection radius shall be 75? or greater and may not extend beyond the building setback on an adjoining lot. (Rev. 3/06)

Mr. Farr asks for testimony from abutters. No abutters are present.

Mr. Holden states that the septic system is approved by a soil scientist to be 50? from hydric B soils. Mr. Farr states that the map provided does not show any existing wells within 75?. Septic systems have met all other setbacks and Mr. Farr notes that a stamped plan has been provided.

A discussion is held regarding the adjoining lot. Mr. Hickey states that nothing can be built on it. Atty. Vachon concurs with Mr. Hickey. He states that the reason for the protective well radius is to not contaminate the wells by septic systems on another lot. He adds that there cannot be a septic system under a road.

Ms. Smith states that a Range Road is not necessarily a public traveled way nor is it a Class 6 road. She explains that many range roads have been permanently discontinued or voted on by the selectmen to give a Range road to an abutter. She refers to a similar matter the selectmen have recently addressed. Ms. Smith adds the need to find out the history of the road is a real concern as the setback requirements may not be met.

Mr. Lavigne states that the applicants are 18? and the setback is 20?; they are not within the setback and have met the requirements. Tom Lavigne makes a motion to grant the special exception based on the fact that all criteria has been met. Andrea Korson seconds. Mr. Lavigne states that the ownership of Range Rd. has not been determined; however, it is assumed that the ownership is the Town of Northwood. Ms. Korson concurs.

Roll Call Vote:
Nona Holmes ? in favor
Andrea Korson ? in favor
Tom Lavigne ? in favor
Bob Bailey ? opposed.
Bruce Farr ? in favor.

VOTE: 4/1.

OLD CASE:
Case #06-33: David Docko, First NH Tpke. Map 211; Lot 16. Applicant is seeking a variance to Article 5.02(C) to develop a quarry for a non residential use where single family residential uses or municipal wells are the permitted uses within this district. (Property currently owned by Paul and John Tudor, and Carol Bernazzani.) [Continued from October 23, 2006. >

Mr. Pender returns to the board. Robert Bailey recuses himself.

VOTING MEMBERS: Bruce Farr, Roy Pender, Thomas Lavigne, Nona Holmes and Andrea Korson.

Mr. Docko is not present. A discussion is held with Mr. and Mrs. Johnson, abutters regarding the original proposal of the applicant.

Additional discussion is held regarding the December meeting. Due to the Christmas holiday the board agrees to hold their regular monthly meeting December 18. Roy Pender makes a motion, second by Andrea Korson, to continue the case to December 18, 2006. Motion passes unanimously; 5/0. Mr. Farr requests that Mr. Docko be notified and made aware that the board must hear from him for next month?s meeting or the board will vote on a motion to deny the application.

OLD CASE:
Case #06-14: Lorie Jean, 39 Elm St. Map 123; Lot 23. Applicant is seeking a variance to Article 3.01(A) and Article 3.02(B) to construct a 28? x 32? dwelling on a non-conforming lot of .11 Ac. with no road frontage. Continued from 7/24/06.

VOTING MEMBERS: Bruce Farr, Roy Pender, Thomas Lavigne, Bob Bailey, and Jean Lane.

Ms. Jean states that a septic system design was requested. She states that the design has been completed but she has not yet picked up. She requests the board to continue the case to December. Roy Pender makes a motion, second by Tom Lavigne, to continue the case to December 18. Mr. Hickey suggests that the plan be submitted to the health officer before the next meeting. Motion passes; 5/0.

NEW CASES:
Case #06-37: Mark Boucher, 7 Maple Avenue. Map 109; Lot 56. Applicant is seeking a special exception under Article 1.04(3) to install a full foundation raising the elevation of the structure approx. 8 ft. Applicant will raze current 10?x16? garage if special exception is approved. A portion of the structure is within the setbacks.

VOTING MEMBERS: Bruce Farr, Roy Pender, Thomas Lavigne, Bob Bailey, and Nona Holmes.

Mr. Farr confirms that the application is complete. A balance due of $8. will be paid. No abutters are present; however, correspondence has been received from two abutters. Mr. Farr explains the process of granting the conditions of a special exception.

Mr. Boucher explains that he would like to lift the house and add a new garage under the house; a maximum of 10? is requested. Further discussion is held regarding the proposal. Mr. Boucher adds that the existing garage will be removed. A tax map is provided to show a picture to help explain the property.
Mr. Lavigne asks what side of the property the structure is currently in the setback. Ms. Smith replies lot 49. Mr. Boucher states that the house is approximately 5? from the lot line.

Special Exception Conditions:
Portions of structures within a setback may be enclosed or expanded upwards if granted a Special Exception by the ZBA. The ZBA shall grant the Special Exception only if the following conditions are met:

(a) If an upward expansion, it shall not have any adverse impact on any neighboring property, including but not limited to blocking of views and/or sunlight.
Mr. Boucher states that this will improve the area as the proposal is to remove the existing garage and will open the views up. Mr. Farr reads the abutters correspondence.

(b) If an upward expansion, it shall not exceed the maximum height limitations specified in this Ordinance.
Mr. Boucher states that the peak of the roof will not exceed 29?.

(c) the expansion shall not increase any other non-conforming aspect of the structure or lot.
Mr. Boucher states that he will not have any other non conforming matters. Mr. Hickey adds that this will improve the area. He states that when the garage is removed, there will be no setback encroachments where the current garage is. Mr. Boucher may want to add a stairwell and it will not encroach into the setback.

Ms. Smith adds that she spoke to an abutter, Ms. Stokes, lot 49. She explains that there was no way for her to get to the meeting or any correspondence. Ms. Smith states that Ms. Stokes expressed concern with erosion and drainage issues that may occur from the project. Mr. Farr cautioned the applicants with these issues.

Mr. Lavigne makes a motion, second by Bob Bailey, to grant the special exception based on the fact that all criteria has been met. Motion passes unanimously; 5/0.

Internal Business:
? Ms. Smith explains that the town administrator has suggested a tracking sheet for abutter?s comments/correspondence be an additional item in the file and that the chairman reads that abutters name aloud as well as the public notice. Additional discussion is held regarding the tracking of sheet. Mr. Lavigne feels that this is more work for staff. Mr. Pender agrees that the information is part of the case file and is already a part of the record. Ms. Lane adds that the abutters may not even have comments. Ms. Holmes does not see that this will clarify anything for anyone. Mr. Farr states that the board will pass on the narrative sheet at this time and there is no need creating more work.

? Mr. Lavigne states that he would like to thank the planning board (PB) for the invitation to attend the planning board?s discussion on proposed changes to the development ordinances. He requests that after the first of the year the ZBA send a letter to the PB requesting that the PB address the issue of in-law apartment ideas and work on it for 2007. Mr. Lavigne makes a motion, second by Roy Pender, for the ZBA to send a letter to the planning board chairman thanking him for the invitation to the ZBA members to attend the planning board?s discussions on proposed ordinances. Motion passes unanimously.

Adjournment:
Jean Lane makes a motion, second by Tom Lavigne, to adjourn. Motion passes unanimously.

Respectfully submitted,

Lisa Fellows-Weaver
Zoning Board Secretary

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